Amar and Brownstein on the Navajo Nation v. USFS Case

Wow! This may be the first time anyone on Findlaw has written anything substantive on Indian law. This might actually contribute to raising the profile of the case a bit for the SCT.

From Findlaw (via How Appealing and Con Law Prof Blog):

By VIKRAM DAVID AMAR AND ALAN BROWNSTEIN

The U.S. Supreme Court will decide in the coming weeks whether to take up an important and interesting case from the U.S Court of Appeals for the Ninth Circuit involving religious liberties and the seminal federal statute – the Religious Freedom Restoration Act (RFRA) – designed to safeguard them. In this column, we will discuss the issues the case raises; the reasons why the Ninth Circuit’s resolution of these issues, while understandable, might not do justice to the complex and competing interests involved; and the problems that both the Supreme Court and lower courts face when trying to implement this well-meaning but imperfectly-drafted Congressional statute.

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